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HomeMy WebLinkAboutOrdinance 2008-1413 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Berry Council Bill No. 09-2008 Ordinance No. 1413 Series of 2008 TITLE: AN ORDINANCE CONCERNING THE PERMITTED LOCATIONS OF BAIL BONDS BUSINESSES, AND IN CONNECTION THEREWITH, AMENDING CERTAIN SECTIONS OF CHAPTER 26 OF THE CODE OF LAWS WHEREAS, the City of Wheat Ridge, acting through its City Council, has authority pursuant to Article XX of the Colorado Constitution, C.R.S. 31-23-101 et seq., and the City's Home Rule Charter to regulate the use of land; and WHEREAS, such authority extends to the regulation of uses in the various zoning districts of the City; and WHEREAS, the Council finds and determines that conducting a bail bonds business has unique land use impacts, including but not limited to the noise and traffic associated with longer hours of operation (many twenty-four hours) than traditional retail businesses; and \^JHEREAS, Council fUithei finds that such land use irnpacts are most appropriate and impact the quiet enjoyment of neighboring and surrounding properties the least in industrial zone districts and the higher-intensity commercial zone districts; and WHEREAS, as such, the Council finds and determines that it is necessary and desirable to define bail bonds businesses as a distinct land use and to permit such use in the industrial zone districts and the C-2 zone district within the City; and WHEREAS, Council has received recommendation on these amendments to Chapter 26 of the Wheat Ridge Code of Laws from the Planning Commission, after notice and a public hearing before the Commission; and WHEREAS, after due and proper notice in accordance with Chapter 26 of the Code of Laws, the Council has conducted a public hearing on the contents of this Ordinance. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO AS FOLLOWS: Section 1. Section 26-123 of the Code of Laws, concerning Zoning Code definitions, is hereby amended by the addition of a new definition, to be inserted alphabetically after Automobile storage yard and before Bed and breakfast rooms: Bail bonds business. A business whose primary purpose is to act as a surety to secure the presence of an accused person at a court proceeding in a criminal matter. Section 2. Section 26-204 of the Code of Laws is hereby amended by the addition of the following new line item in the Table of Uses for Commercial and Industrial Districts, to be inserted alphabetically after "Automotive parts and supplies sales" and before "Bakeries, retail": Table of Uses -Commercial and Industrial Districts I Uses I Bail bonds businesses I Notes I See Footnote 2. See S 26-634 for distance requirements. NC I RC C-1 C-2 P I P Section 3. Section 26-204 of the Code of Laws is hereby amended by the addition of the following under the "Footnote:" heading under the Table of Uses - Commercial and Industrial Districts: 2. In addition to being allowed as a Permitted Principal Use in the C-2 and I zone districts, bail bonds businesses may be permitted in Planned Industrial Development distiicts if appioved as part of an Outline Development Pian (ODP) and in conformance with the requirements of Code Section 26-634. Section 4. Article VI of Chapter 26 of the Code of Laws is hereby amended by the addition of a new Section 26-634, to read in its entirety as follows: Sec. 26-634. Bail bonds businesses; distance requirements. A. No person shall locate, cause to locate or permit to be located a bail bonds business within one hundred (100) feet of the property line of any lot, tract or parcel of land within the city which is zoned for residential use, or zoned A-1 or A-2 and used for residential purposes. B. No person shall locate, cause to locate or permit to be located a bail bonds business within six-hundred (600) feet of the property line of any school or public park. C. For the purpose of this Section, the distance between a bail bonds business and a residential district, a residential lot, a school or a public park shall be measured in a straight line, without regard to intervening structures, objects or city limits, from the closest exterior wall 2 of the structure in which the bail bonds business is located to the property line of such use. Section 5. Any bail bonds business lawfully located and in active use as of the effective date of this Ordinance may be continued so long as it remains otherwise lawful, subject to the general requirements for legal nonconforming uses set forth in Section 26-120 of the Code of Laws. Section 6. Severabilitv: Conflictina Ordinances Reoealed. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 7. ~ffective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of l to ~ on the 12th day of Mav. 2008, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for Mondav. June 9. 2008. at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ~ to ~, this 9th day of June . 2008. SIGNED by the Mayor on this 10th day of June . 2008. d~lf~ trt!JDiTUiliO, Mayor ATTEST: ~~~~ ~~~\ Michael Snow, C~~y Clerk \ \ ~~ A~Wla{)f Gerald E. Dahl, City Attorney First Publication: May 15, 2008 Second Publication: June 19, 2008 Wheat Ridge Transcript: Effective Date: July 4, 2008 3